96-5442. Bureau of Consular Affairs; Regulations Pertaining to Both Nonimmigrants and Immigrants Under the Immigration and Nationality Act, as Amended; Failure To Comply With INA

[Federal Register Volume 61, Number 47 (Friday, March 8, 1996)]
[Rules and Regulations]
[Page 9325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5442]



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DEPARTMENT OF STATE

22 CFR Part 40

[Public Notice 2345]


Bureau of Consular Affairs; Regulations Pertaining to Both 
Nonimmigrants and Immigrants Under the Immigration and Nationality Act, 
as Amended; Failure To Comply With INA

AGENCY: Bureau of Consular Affairs, DOS.

ACTION: Final rule.

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SUMMARY: The Department is finalizing the interim rule [59 FR 51367] 
published on October 11, 1994. The regulation implements 212(o) of the 
Immigration and Nationality Act (INA), which prohibits the issuance of 
an immigrant visa to an alien for ninety days following an alien's 
departure from the U.S. unless the alien was maintaining a lawful 
nonimmigrant status at the time of departure, or unless the alien is 
the spouse or unmarried child of certain individuals who obtained 
temporary or permanent resident status under INA 210 or 245A or section 
202 of the Immigration Reform and Control Act of 1986 (IRCA).

EFFECTIVE DATE: The effective date of this final rule is October 1, 
1994.

FOR FURTHER INFORMATION CONTACT: Stephen K. Fischel, Chief, Legislation 
and Regulations Division, 202-663-1204.

SUPPLEMENTARY INFORMATION:

Expansion of INA 245 Adjustment of Status and Companion Provision

    On August 26, 1994 the President signed into law the appropriations 
bill for the Department of State, Pub. L. 103-317. Section 506(b) 
thereof amends INA 245 to permit qualified immigrants to acquire 
permanent residence through adjustment of status in the United States 
even though they entered the United States without inspection or 
violated their nonimmigrant status after entry.
    This Act further amends the INA at section 212 by adding subsection 
``(o)'', which encourages aliens who can benefit from the broadened INA 
245 adjustment of status provisions to take advantage of them by 
discouraging them from seeking immigrant visa issuance from a U.S. 
consular post abroad. To induce such aliens to seek INA 245 adjustment 
of status, Congress imposed a requirement that an immigrant visa 
applicant be physically absent from the United States for ninety days 
since the last departure before an immigrant visa can be issued. Under 
this amendment, an alien who departs from the United States would be 
eligible to receive an immigrant visa on the 91st day following the 
departure. Two classes of aliens are exempted from this provision. The 
first class consists of aliens maintaining lawful nonimmigrant status 
at the time of departure. The second class consists of the spouses and 
children of certain aliens who benefited from the special agricultural 
worker program, the legalization program, and the Cuban--Haitian 
adjustment provisions of IRCA, and who sought benefits under the family 
unity provisions of the Immigration Act of 1990.

Final Rule

    Interim rule 2092, published on October 11, 1994 at 59 FR 51367, 
invited interested persons to submit comments concerning the 
amendments. No comments were received.

PART 40--[AMENDED]

    1. The authority citation for Part 40 continues to read as follows:

    Authority: 8 U.S.C. 1104; sec. 506(a), Pub. L. 103-317, 108 
Stat. 1724.

    2. Accordingly, the interim rule's regulations and the October 1, 
1994 effective date published at 59 FR 51358 are adopted without 
change.

    Dated: February 15, 1996.
 Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 96-5442 Filed 3-7-96; 8:45 am]
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